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HomeMy WebLinkAbout03-042~y1~~•~l~1~! • V` i ~•''•• ••`• ~ +~ ~; o,~ _. G ~ ~ ='~ ~ ,- ~ ~' `~" C Resolution Na. o3-oaz RESOLUTION TO IMPOSE AN INCREASED ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA #I49 WHEREAS, Government Code Section 25210.77a contains authority for the County of Butte to fix and collect service charges for a particular extended service provided through a county service area or zone; and WHEREAS, the Board of Supervisors did, by ordinance adopt Butte County Code Section 21-85 et seq., establishing a procedure for annually levying and collecting such charges on the tax roll; and WHEREAS, Article XIII D, Section 6 of the California Constitution, as adopted by passage of Proposition 218 on November 5, 196, established procedures for levying new or increased charges; and WHEREAS, a written report identifying each parcel of real property receiving a particular extended service, and the am©unt of the existing maximum annual charge and the amount of the proposed increased annual charge for each parcel has been filed with the Clerk of the Board of Supervisors and resides in the Property Tax Section of the Auditor's Office; and WHEREAS, the Board gave notice of a March 11, 2003 public hearing in connection with a ballot proceeding to consider establishing such increased annual service charge in accordance with the procedures specified in Article XIII D, Section 6, of the California Constitution. WHEREAS, The Clerk of the Board shall certify the ballot proceeding results to the Board of Supervisors upon the close of the hearing, and shall request the Board of Supervisors to accept the results. NOW, THEREFORE, BE IT RESOLVED, Upon acceptance of the ballot proceeding results by the Board of Supervisors, the new and/or increased charge, if approved by a majority vote of the affected property owners submitting ballots, will be established, and the maximum permissible charge per parcel of real property per year will be the "Total Charge" amount set forth on Exhibit A attached hereto. If any clew and/or increased charge is established, the Board may at a future time direct the Auditor to place the "Total Charge" on the 2003-2004 and future tax bills. Provided, however, that if the final budget adopted for the County Service Area is less than the proposed budget upon which the "Total Charge" amount was based, then the Auditor will be directed to make a corresponding reduction in the service charge to be placed on the tax bills. If any new andlor increased charge is not approved by a majority vote of the affected property owners submitting ballots, such charge shall not be established in this CSA, and the maximum pern~issible charge per parcel of real property per year in that CSA will remain the amount of the "Existing Charge" therein set forth in Exhibit A. It is found that the fee which this Resolution establishes, or establishes subject to approval by the property owners in a ballot proceeding: do not exceed the cost of the services to be provided in the County Service Area; are to be used only for the purpose of providing the extended services in the County Service Area; do not exceed the proportional cost of the extended services to be provided to each affected parcel of real property; and are for extended services which are used by or immediately available to the owner of each such affected parcel of real property. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, t11is 11th day of March, 2003 by the following vote: AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSENT: None NOT VOTING: None f` r~.1 ~~~1'Z~'s R. J. Beeler, Chair, Butte County Board of Supervisors ATTEST: Paul McIntosh Clerk of the Board ~ ~~ ~~. D:~CSA AcamNS1CSA nccoums needing ballot proecdures~Agenda q I-Setting Public Hearing Resolution for CSA GU, 62, VV, G8, 75 N: 103.doc Exhibit A Supervisor CSA CSA Name Existing Proposed Maximum Maximum Increase Service Charge Service Char e DISTRICT 5 149 Biggers Subdivision 103.56 302.98 406.54